Trade Union and Labour Relations (Consolidation) Act 1992

233 Calling of industrial action with support of ballot.E+W+S

(1)Industrial action shall not be regarded as having the support of a ballot unless it is called by a specified person and the conditions specified below are satisfied.

(2)A “specified person” means a person specified or of a description specified in the voting paper for the ballot in accordance with section 229(3).

(3)The conditions are that—

(a)there must have been no call by the trade union to take part or continue to take part in industrial action to which the ballot relates, or any authorisation or endorsement by the union of any such industrial action, before the date of the ballot;

(b)there must be a call for industrial action by a specified person, and industrial action to which it relates must take place, before the ballot ceases to be effective in accordance with section 234.

(4)For the purposes of this section a call shall be taken to have been made by a trade union if it was authorised or endorsed by the union; and the provisions of section 20(2) to (4) apply for the purpose of determining whether a call, or industrial action, is to be taken to have been so authorised or endorsed.

Modifications etc. (not altering text)

C1s. 233 applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(c)